Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



OLORIEGBE
V.
OMOTESHO

(1993) JELR 49438 (SC)    

Supreme Court  ·  SC.190/1988 ·  15 Jan 1993 ·  Nigeria
 · 
Other Citations
Oloriegbe v. Omotesho (1993) 1 NWLR (Pt.270) 386 (1993) 24 N.S.C.C (Pt I) 25
CORAM
MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria OLAJIDE OLATAWURA Justice of The Supreme Court of Nigeria UCHE OMO Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria SHEHU USMAN MOHAMMED Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
defendant
plaintiff
appeal
land
court of appeal
claim
doctrine of res judicata
issue
high court
plea of res judicata
upper area court
high court of kwara state
lokoja upper area court
new issue
order of possession
federal court of appeal
learned justices of the court of appeal
new claim
new suit
previous action
decision of the court of appeal
ilorin area court grade
ilorin upper area court
present claim
set aside
subject matter
subject of this appeal
abuse of the process of the court
case no. iac
court order
court proceedings
decision of res judicata
extension of time
following reasons
given matter
hearing of this suit raise
leading judgment
lokoja upper area court judgment
necessary steps
order of account
piece of land
present appeal shows
previous appeal case
right of appeal
ruling of the kwara high court
said decision

OMO, J.S.C. (Delivering the Leading Judgment): This is an appeal by the plaintiff/appellant against the decision of the Court of Appeal (Kaduna Division) which allowed the defendant/respondent's appeal against the ruling of the Kwara High Court in the plaintiff/appellant's favour.

The plaintiff/appellant instituted an action (KWS/70/1983) in which it claimed against the defendant/respondent.

"(i) an order of possession wherein the defendant is to vacate the plaintiff's adjudged land and to remove his structure thereon, and

(ii) (for) an order of account to be taken and payment of the sum due in respect of the structure on the plaintiff's adjudged land."

After pleadings had been filed and exchanged, the defendant/respondent filed an application in the trial High Court for an order to dismiss the plaintiff/appellant's action on the grounds: (a) that it is caught by the doctrine of res judicata, to wit; that the issue(s) sought to be decided had been canvassed and decided upon in a previ…

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